WVC 16 - 1 - 6
§16-1-6. Powers and duties of the commissioner.
The commissioner is the chief executive, administrative and
fiscal officer of the bureau for public health and has the
following powers and duties:

(a) To supervise and direct the fiscal and administrative
matters of the bureau, and in that regard and in accordance with
law, employ, fix the compensation of and discharge all persons
necessary for the proper execution of the public health laws of
this state and the efficient and proper discharge of the duties
imposed upon, and execution of powers vested in the commissioner by
law and as directed by the secretary;

(b)To enforce all laws of this state concerning public
health; to that end, the commissioner shall make, or cause to be
made, investigations and inquiries respecting the cause of disease,
especially of epidemics and endemic conditions, and the means of
prevention, suppression or control of those conditions; the source
of sickness and mortality, and the effects of environment,
employment, habits and circumstances of life on the public health.

The commissioner shall further make, or cause to be made,
inspections and examinations of food, drink and drugs offered for
sale or public consumption in the manner the commissioner considers
necessary to protect the public health and shall report all
violations of laws and rules relating to the law to the prosecuting
attorney of the county in which the violationsoccur;

(c) To make complaint or cause proceedings to be instituted against any person, corporation or other entity for the violation
of any public health law before any court or agency, without being
required to give security for costs; the action may be taken
without the sanction of the prosecuting attorney of the county in
which theproceedings are instituted or to which the proceedings
relate;

(d) To promote the provision of essential public health
services to citizens of this state;

(e) To monitor the administration, operation and coordination
of the local boards of health and local health officers;

(f) To develop and maintain a state plan of operation that
sets forth the needs of the state in the areas of public health;
goals and objectives for meeting those needs; methods for achieving
the stated goals and objectives; and needed personnel, funds and
authority for achieving the goals and objectives;

(g) To collect data as may be required to foster knowledge on
the citizenry's health status, the health system and costs of
health care;

(h) To delegate to any appointee, assistant or employee any
and all powers and duties vested in the commissioner, including,
but notlimited to, the power to execute contracts and agreements
in the name of the bureau: Provided, That the commissioner is
responsible for the acts of his or her appointees, assistants and
employees;

(i) To transfer at the direction of the secretary, notwithstanding other provisions of this code, any patient or
resident between hospitals and facilities under the control of the
commissioner and, by agreement with the state commissioner of
corrections and otherwise in accord with law, accept a transfer of
a resident of a facility under the jurisdiction of the state
commissioner of corrections;

(j) To make periodic reports to the governor and to the
Legislature relative to specific subject areas of public health,
the state facilities under the supervision of the commissioner, or
other matters affecting the public health of the people of the
state, at the direction of the secretary;

(k) At the direction of the secretary, to accept and use for
the benefit of the health of the people of this state, any gift or
devise of any property or thing which is lawfully given: Provided,
That if any gift is for a specific purpose or for a particular
state hospital or facility it shall be used as specified. Any
profit which may arise from any gift or devise of any property or
thing shall be deposited in a special revenue fund with the state
treasurer and shall be used only as specified by the donor or
donors;

(l) To acquire by condemnation or otherwise any interest,
right, privilege, land or improvement and hold title to the land or
improvement, for the use or benefit of the state or a state
hospital or facility, and, by and with the consent of the governor,
and at the direction of the secretary, to sell, exchange or otherwise convey any interest, right, privilege, land or
improvement acquired or held by the state, state hospital or state
facility and deposit the proceeds from the sale, exchange or other
conveyance into the hospital services revenue account. Any
condemnation proceedings shall be conducted pursuant to chapter
fifty-four of this code;

(m) To inspect and enforce rules to control the sanitary
conditions of and license all institutions and health care
facilities as set forth in this chapter, including, but not limited
to, schools, whether public or private, public conveyances,
dairies, slaughterhouses, workshops, factories, labor camps, places
of entertainment, hotels, motels, tourist camps, all other places
open to the general public and inviting public patronage or public
assembly, or tendering to the public any item for human consumption
and places where trades or industries are conducted;

(n) To make inspections, conduct hearings, and to enforce the
legislative rules concerning occupational and industrial health
hazards, the sanitary condition of streams, sources of water
supply, sewerage facilities, and plumbing systems, and the
qualifications of personnel connected with the supplies, facilities
or systems without regard to whether they are publicly or privately
owned; and to make inspections, conduct hearings and enforce the
legislative rules concerning the design of chlorination and
filtration facilities and swimming pools;

(o) To provide in accordance with this subdivision and the definitions and other provisions of article one-a, chapter
twenty-seven of this code, and as directed by the secretary, for a
comprehensive program for the care, treatment and rehabilitation of
alcoholics and drug abusers; forresearch into the cause and
prevention of alcoholism and drug abuse; for the training and
employment of personnel to provide the requisite rehabilitation of
alcoholics and drug abusers; and forthe education of the public
concerning alcoholism and drug abuse;

(p) To provide in accordance with this subdivision for a
program for the care, treatment and rehabilitation of the parents
of sudden infant death syndrome victims; for the training and
employment of personnel to provide the requisite rehabilitation of
parents of sudden infant death syndrome victims; for the education
of the public concerning sudden infant death syndrome; for the
responsibility of reporting to the Legislature on a quarterly basis
the incidence of sudden infant death syndrome cases occurring in
West Virginia; for the education of police, employees and
volunteers of all emergency services concerning sudden infant death
syndrome; for the state sudden infant death syndrome advisory
council to develop regional family support groups to provide peer
support to families of sudden infant death syndrome victims; and
for requesting appropriation of funds in both federal and state
budgets to fund the sudden infant death syndrome program;

(q) To establish and maintain a state hygienic laboratory as
an aid in performing the duties imposed upon the commissioner, and to employ chemists, bacteriologists, and other employees that may
be necessary to properly operate the laboratory. The commissioner
may establish branches of the state laboratory at any points within
the state that are necessary in the interest of the public health;

(r) To establish and fund a uniform health professionals data
system to collect and maintain uniform data on all health
professionals in the state. This data shall include, but not be
limited to, the following information about each health
professional: His or her name, profession, the area of the state
where he or she is practicing, his or her educational background,
his or her employer's name, and number of years practicing within
the profession. The boards provided for in articles three, four,
four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen,
sixteen, twenty, twenty-one, twenty-three, twenty-eight,
thirty-one, thirty-two, thirty-four, thirty-five, thirty-six and
thirty-seven, chapter thirty of this code shall annually collect
the data on health professionals under their jurisdiction in the
format prescribed by the commissioner. Each board shall pay to the
bureau annually, an amount determined by the commissioner to be a
pro rata portion, for anticipated expenses to establish and operate
the uniform health professionals data system required by this
section. The commissioner may standardize data collection methods
if necessary to implement the provisions of this section. The
commissioner shall publish annually and make available, upon
request, a report setting forth the data which was collected the previous year; areas of the state which the collected data
indicates have a shortage of health professionals; and projections,
based upon the collected data, as to the need for more health
professionals in certain areas;

(s) To expend, for the purpose of performing the public health
duties imposed on the bureau, or authorized by law, any sums
appropriated by the Legislature. The commissioner may make advance
payments to public and nonprofit health services providers when the
commissioner determines it is necessary for the initiation or
continuation of public health services. The advance payments,
being in derogation of the principle of payment only after receipt
of goods or services, shall be authorized only after serious
consideration by the commissioner of the necessity of the advance
payments and shall be for a period no greater than ninety days in
advance of rendition of service or receipt of goods and
continuation of health services; and

(t) To exercise all otherpowers delegated to the commissioner
by the secretary or by this chapter or otherwise in this code, to
enforce all health laws, and to pursue all other activities
necessary and incident to the authority and area of concern
entrusted to the bureau or the commissioner.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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